Question:
Spouse of deceased veteran of Vietnam War was denied DIC and burial benefits when Veteran husband died from Parkinsonism because (1) there was no proof he was boots on the ground (he was a pilot); and (2) Parkinsonism was not yet presumptive. Now it is presumptive, and now the widow has affidavits stating he was in Vietnam picking up cargo. What paperwork should she file to have the VA take a look at her claim under Nehmer? She is on the docket for a BVA hearing, but that could take a very long time.
Jim's Reply:
If she is on the docket for an appeal to be heard by BVA, all the actionable things like Nehmer will be considered at that time. I'll assume she has a veterans lawyer https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html to represent her. Yes, this may take a long while but this is the appropriate spot for her appeal. Good luck!